- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 8. Investment Securities
- Section 114. Evidentiary Rules Concerning Certificated Securities.
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AS 45.08.114. Evidentiary Rules Concerning Certificated Securities.
The following rules apply in an action on a certificated security against the issuer:
- (1) unless specifically denied in the pleadings, each signature on a security certificate or in a necessary endorsement is
- (2) if the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming
under the signature, but the signature is presumed to be genuine or authorized;
- (3) if signatures on a security certificate are admitted or established, production of the certificate entitles a holder
to recover on it unless the defendant establishes a defense or a defect going to the validity of the security;
- (4) if it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or
some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted.
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